Yoder Smokers Community Forum - Terms of use

Yoder Smokers Forum (YS) is a place for members to ask questions, share their experiences, and help each other learn while making new friends.
We have a growing community, so in order to manage a large group of diverse people we have established a set of standards and rules. Underlying these rules is the fact that YS is a place where people of different backgrounds and ideas can all feel comfortable participating around their same interest.
-Be friendly and courteous to all YS community members.
-Be respectful to the moderating/admin staff members.
-Be nice to newbies and be patient when answering their questions.
-Remember that this is a family friendly forum, so keep all posted content family friendly.
-Don’t verbally attack any member or moderator.
-No fighting or excessive arguing. No advertising of your products or services is allowed.
-Don’t bump threads excessively.
-No cross posting. (re-posting the same thread or post in multiple areas of the forum).
Posting links to other websites or forums is prohibited and will be removed.

YS MODERATION

-It is expected that you will be respectful to the moderating team and their disciplinary actions, as they are committed to make the forum as pleasant for everyone as possible.
-Please direct questions or concerns to the Administrator or specific moderator via PM or email.
-Do not post threads regarding problems with the moderating team as any problems will be handled privately. If a topic is closed or removed, please don’t repost that same topic or material.

GENERAL

-When you register, you are automatically signed up for the YS e-mail list. If you wish to be removed, simply follow the unsubscribe instructions in the first e-mail that you receive.
-The admin and moderating team will use their sole discretion to pre-screen, refuse or remove any users or content from YS community.
-Private messages sent on our forum cannot be accessed by other members or moderators. However, the admin team does have access to PM’s. While we normally choose not to utilize this tool, we may review PM’s if problems arise. (For example, if we suspect a member is spamming via PM’s.) If this is something you feel you can’t tolerate, then please use email or another chatting system to retain your full privacy.
-We ask that you not post any material that is illegal, libelous, defamatory, obscene, pornographic, harassing, and threatening or a violation of copyright. YS admin and moderators have the right to remove, edit, move or lock any material on this site for any reason at any time.
-The “User Guidelines” is a live document and will be modified periodically as required in order to best suit the forum’s changing needs.

TERMS OF SERVICE

PRIVACY POLICY
This privacy policy defines how YS treats the personally identifiable information that is collected about you when you visit the web site to which this policy is linked. What is Personally Identifiable Information? Personally Identifiable Information" is information that we can use to identify you as an individual. Personally Identifiable Information includes your name, address, telephone number and any other information that is connected with you personally.

INFORMATION THIS PRIVACY POLICY DOES NOT APPLY TO
This privacy policy does not apply to information collected about you by anyone except YS and only applies to the web site to which this policy is linked. Except as may be otherwise specified herein, this policy also does not apply to information you may provide to us offline.

COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION
YS generally collect Personally Identifiable Information with your specific knowledge and consent. When you register on YS, we collect your email address, username & password. These are required for users to store and modify bookmarks and other content on the site. We will also collect your bookmarks and associated content, messages, IP address, and information from browser data and cookies.

Your User ID, bookmarks, lists and associated content and any postings you make to the forums and wikis are displayed throughout the site. Therefore this data is available to the public and will be identifiable to your User ID.

This information may sometimes be collected by third party service providers with whom YS contracts to host the web site or to fulfill requests for services; in that event, YS asks such service providers to make the personal information available only to YS for YS to use in accordance with the terms of this policy and not to use the information for any other purpose. YS uses this information to allow you to enjoy the functionality of the site, to troubleshoot and to provide customer support.
When you register for the first time, you will be automatically opted in to receive email notices, which may include notification if someone sends you a message, YS newsletters and announcements, and notification of new activity on your subscriptions.

COOKIES
YS (or third party service providers on our behalf) may set and access cookies on your computer. A cookie is a small amount of data (often including a unique identifier), that is sent to your browser from a web site's computers and stored on your computer's hard drive. YS uses cookies to understand site usage and to improve the content offered.

YS (or third party service providers on our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis. We may share aggregate demographic and usage information with our prospective and actual business partners for any business purpose. If you don't want to accept cookies, most web browsers include an option that allows you to not accept them. However, if you set your browser to refuse cookies, some portions of our sites may not function efficiently.

IP ADDRESS
Your Internet Protocol ("IP") address is usually associated with the place from which you enter the Internet, like your Internet service provider, your company or your university. Our server may also record the referring page that linked you to us (e.g., another web site or a search engine); the pages you visit on the site,; other information about the type of web browser, computer, platform, related software and settings you are using; any search terms you have entered on this website or a referral site; and other web usage activity and data logged by our web servers. We may use your IP address to help diagnose problems with our servers, gather broad demographic information, and administer our website. We may also link this information with your personal information when we feel that it is necessary to enforce compliance with our rules and policies or terms of service or to protect our sites, customers or others.

KIDS AND PARENTS
The sites covered by this policy are not intended for use by children, especially those under age 13. No one under age 13 is allowed to provide any personal information or use our public discussion areas.

If your children disclose information about themselves in our public discussion areas, they may get unsolicited messages from other parties. Accordingly, you should tell them not to do so. There are also commercially available tools to help you limit your children's exposure to material online.

ALL USER GENERATED CONTENT WITHIN YS
If you elect to post material to any wikis, forums, reviews or other content generation mediums that may be offered on our sites, or if you elect to upload any photographs, audio or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary or confidentiality rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you give YS the right to use such Postings in any manner and in any media now known or hereafter invented, including, without limitation, the right to combine your Postings with Postings of third parties in varied combinations. You also acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that YS has no obligation to monitor or delete any such Postings. Please be aware that YS does not and cannot monitor all of the Postings made to the sites, and therefore YS will not be responsible for the content of any Postings. However, YS does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive or otherwise objectionable and not in keeping with the community standards of the site. If YS elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will YS be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of etiquette. Therefore, you agree not to post, email, or otherwise make available Postings:
-that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy, or harmful to minors in any way;
-that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
-that includes personal or identifying information about another person without that person's explicit consent.
-that are false, deceptive, misleading, deceitful, mis-informative, constitute "bait and switch" or impersonation of any person or entity;
-contain your own or a third party's advertising, branding or promotional content;
-that infringe any proprietary rights, including copyright, trademark, or service mark of any party, or Postings that you do not have a right to make available;
-restrict or inhibit any other user from using and enjoying the YS sites.

Because YS does not monitor the Postings, you agree to use and rely on them at your own risk. YS cannot make any representation or warranty about the material contained in the Postings. YS likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will YS be liable for any activity or injury that may occur.

COMMERCIAL USE POLICY
Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited; unless you have requested and received permission from the YS administrator. This applies to all forums, Wiki articles and reviews. As a general rule, these posts and links are NOT permitted, regardless of how the post or link is framed (including but not limited to direct advertisements. This policy applies to ‘free’ offers and promotional activities, as well as direct commercial overtures or transactional links.

NON-U.S. USERS
If you are located outside of the United States, please note that the information you provide to us will be transferred to the United States. By using this web site, you consent to this transfer. You also consent to the exclusive adjudication of any disputes arising in connection with this website in the federal and state courts of Sedgwick County, Kansas, U.S.A., and in accordance with the laws of, the state of Kansas.

COPYRIGHT
Content posted on the YS by us is owned by us or used with permission. You may not copy, use, or retransmit anything from or for our site without our written permission. Any commercial or promotional distribution, publishing or exploitation of the sites, or any content, code, data or materials on the sites is strictly prohibited. You may not offer goods for sale or use the YS site and service for any commercial service without our prior written consent.

The third-party images and text referenced, made accessible or made available to you on these pages or by means of YS service are protected by the copyright trademark, service mark and other intellectual property laws of the United States and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. It is your responsibility to obtain any authorizations to use an image or text that may be required; YS cannot give you such authorization. We cannot guarantee that the YS Service will not locate unintended or objectionable content and YS accepts no responsibility or liability for the content of any images or text included in any YS list or otherwise linked to by the YS services, or for your use of such content. YS reserves the right to remove any pictures or content without notice to you, any other user, or any third party.

You are not allowed to post or distribute any material you do not own or which you do not have permission to use. You are also prohibited from engaging in any conduct that interferes with the technological operation of the sites or that tampers with any copyright protection mechanisms applicable to content on any sites. The technology and the software underlying our sites and the services is the property of YS You agree not to copy, modify, rent, lease, license, and loan, sell, assign, distribute, reverse engineer, grant a security interest in, encumber, or otherwise transfer any right to the technology or software underlying our sites or the services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.

Ignoring this policy may result in copyright, trademark, or other intellectual property rights violations.

COPYRIGHT INFRINGEMENT
In accordance with the provisions of the Digital Millennium Copyright Act, 17 USC sec. 512, please direct notices of claims of copyright infringement to site administration via the feedback form. We reserve the right to terminate access to our sites of any user who infringes the proprietary rights of any third party. You may need to obtain authorization of the owner of images made available via the YS Service before using them. For authorizations to use an image, please contact the image owner as indicated on the source site. YS cannot give you authorization to use copyrighted images.

PASSWORDS
The registration information you provide must be true, accurate, current, and complete. You must promptly update your registration to keep it accurate, current, and complete. If we issue you a password, you may not reveal it to anyone else. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to immediately notify us of any unauthorized use of your passwords or accounts or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements.

DISCLAIMERS
YS and its owners, affiliated and subsidiary parties, and their officers, directors, employees and agents are not responsible for the conduct, whether online or offline, of any user of the sites. YS takes reasonable steps to protect the security and integrity of all personal information you provide to the sites; however, due to the inherent nature of the Internet, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. YS assumes no liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user Posting. YS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the sites or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation in any activities on the sites or downloading materials. We make no warranties that the services will be timely, secure, uninterrupted, or error-free. You understand that if you download any material, you do so at your sole risk. Under no circumstances shall YS be responsible for any loss or damage, including personal injury, death, property damage, direct damages, consequential, punitive, or other indirect damages, resulting from use of the sites, any content posted on or through the sites, or conduct of any users of the sites, whether online or offline. We cannot guarantee that the YS Service will not locate unintended or objectionable content and YS accepts no responsibility or liability for the content of any site included in any YS list or otherwise linked to by the YS services, or for your use of such content. We can, whenever we want, edit or delete any content displayed on the sites. You use the sites at your own risk. Everything you see on our sites is provided to you "AS IS." The sites are provided as available and YS expressly disclaims any warranties express or implied, including any warranties of merchantability and fitness for a particular purpose or non-infringement. YS cannot guarantee and does not promise any specific results from use of the sites.

LIMITATION ON LIABILITY
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL YS OR ITS OWNERS OR AFFILIATES OR SUBSIDIARY PARTIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, AGENTS, EMPLOYEES, OR INSURANCE CARRIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR SITES DESCRIBED HEREIN, EVEN IF YS OR ANY OTHER OF THE NAMED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY
You agree to indemnify, defend, and hold YS, its owners, subsidiaries, and affiliates, and their respective officers, directors, managers, agents, employees, and insurance carriers (collectively, Indemnified Parties) harmless from any damage, claim, demand, judgment, loss, liability, fine, penalty, cost or expense , including reasonable attorneys' fees, made by you or any third party due to or arising out of your use of the services or sites described herein, any violation of these terms of service, any breach of your representations, warranties and obligations set forth herein and/or if any content that you post in Postings on the sites or through the sites causes YS or any of the Indemnified Parties to be liable to another party.

CHANGES TO PRIVACY POLICY AND NOTICE
YS may change this policy from time to time in its sole discretion. Your continued use of our sites indicates your consent to this privacy policy and any amended versions of it. This policy was last updated on July 29th, 2014.